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Full text of "Political Science Of The State"

CONFEDERATIONS.           ^                    189
was felt for provisions other than must have existed before
the formation of the league, such as free access of complain-
ants to a defendant's courts in another town, and courts of
arbitration between states, may well be doubted. So much,
however, is certain, that offences against the league, especially
maladministration of men in public trusts, could be taken
notice of and punished by the council—whether after trial,
before the assembly or the senate, or some separate court,
does not appear. The examples of such judgments which
are to be met with occur in the later and worse days of the
confederacy ; nor are they entirely clear in their details.
One instance is where, after the death of the Spartan tyrant
Nabis (B. C., 192), the Spartans are forced to join the league,
on which occasion it is said that the Achaeans gave strict
judgments against them, which seems to mean nothing more
than that measures of some severity relating to them were
adopted by the council at one of its meetings, and not by a
court. (Pausan., vii., § 8, 5.) Not long after this the council
imposes on certain disaffected Spartans the penalty of death.
(Ib., vii., § 9, 3-) Again, about B. C. 150, on account of the
affairs of Oropus (see Freeman, ch. ix., p. 688, onw.), Calli-
crates accused the general Menalcidas of crime, when his
year of office had expired—which last particular shows that
the chief magistrate could not be prosecuted during office.
(Pausan., vii., § 12, 2.) Another magistrate, the general of
the year 149, having failed to take Sparta when this seemed
to be practicable, was brought before the council on trial and
fined in the sum of fifty talents, which being unable to pay
he went into exile, (ib., vii., § 13, S-) This is all that I have
succeeded in finding that relates to public trials : in all cases
the council itself, or some component part of the council,
listened to the charges and gave the verdict.*
Such are the particulars of the constitution of a league,
Results of the  which arose from motives of self-defence, was
league.                pushed  by its successes beyond   its   original
humble and local plans, got involved in the affairs of Rome
* A passage of Polybius bearing on courts will be noticed below.